- 1 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12456 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: NISHANTH D, S/O. DINESHA AM, ] AGED ABOUT 22 YEARS, R/AT AYYARAHALLI VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. NOW IN JUDICIAL CUSTODY AMMEER MOHALLA, HASSAN DISTRICT 573201. …PETITIONER (BY SRI. ROHITH KASHYAP M S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SHRAVANABELAGOLA PS, HASSAN DISTRICT 2. MR. KRISHNA GOWDA, AGED ABOUT 45 YEARS, S/O. THAMMANNA @ MANJEGOWDA, BOREGOWDANA KOPPALU VILLAGE, HIRISAVE HOBLI, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 CHENNARAYAPATTANA, HASSAN DISTRICT. …RESPONDENTS (BY SRI. CHANNAPPA EERAPPA, HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND THE PETITIONER /ACCUSED NO.1 BE DIRECTED TO RELEASED ON BAIL IN CR.NO.45/2026 REGISTERED IN THE SHRAVANABELAGOLA POLICE STATION PENDING ADJUDICATION BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C. No.197/2026 pending before the Court of the Additional District and Sessions Judge, FTSC-I at Hassan arising out of Crime No.45/2026 registered by Shravanabelagola Police Station, Hassan for the offences punishable under Sections 21 and 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 318(2) and 319(1) of BNS, 2023 and Section 9 of the Child Marriage Restraint Act, is before this Court in this petition - 3 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the arguments of the learned counsel for the petitioner and learned HCGP for respondent-State. Respondent No.2, who is served in this matter, has remained unrepresented. 3. FIR in Crime No.45/2026 was registered by Shravanabelagola Police Station for the aforesaid offences against the petitioner based on the first information dated 07.04.2026 received from Sri. Krishnegowda i.e., respondent No.2, who is the father of the victim girl aged about 17 years 1 month as on the date of registration of the FIR. During the course of investigation of the said case, the petitioner was arrested on 07.04.2026 and remanded to judicial custody. After completing the investigation, charge sheet has been filed against seven persons and the petitioner was arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial - 4 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 Court in Spl.C. No.197/2026 was rejected on 21.07.2026. Therefore, he is before this Court. 4. Victim girl, who was aged about 17 years 1 month as on the registration of FIR, is the daughter of the first informant. It appears that petitioner and the victim girl were in love and after the parents of the victim girl came to know about the same, they had advised her and had sent her to her grant mother's house. Petitioner continued to be in contact with the victim girl, even after she had gone to her grand mother's house. Since the victim girl had complained about stomach pain, she was taken to Hospital for her medical examination and the Doctor in the said Hospital found that the victim girl was pregnant. After the father of the victim girl was informed about the same, he had approached the police and FIR was registered against the petitioner. 5. During the course of investigation, statement of the victim girl under Section 183 of BNSS, 2023, was - 5 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 recorded by the jurisdictional Magistrate on 29.04.2026 and in the said statement, victim girl has admitted that she is in love with the petitioner. She has also stated that in the month of October, 2025, she had left her grand mother's house and had gone with the petitioner and they got married in a temple at Sundahalli. Subsequently, petitioner had physical relationship with her and as a result, she had conceived. 6. Investigation of the case is now complete and the charge sheet is filed. The case before the Trial Court is at the stage of hearing before charge. The petitioner aged 22 years having no criminal antecedent is in custody from 07.04.2026 onwards. Material on record would disclose that, the petitioner is required to take care of his parents and elder sister, and he is a driver by avocation. Continued detention of the petitioner in jail amongst hardcore criminals may have an adverse impact on his mindset. Considering the aforesaid aspects of the matter and also the age of the parties, who are said to be in love - 6 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 and married, I am of the opinion that the prayer made by the petitioner seeking regular bail needs to be granted, subject to appropriate conditions. Accordingly, the following: ORDER (i) The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C. No.197/2026 pending before the Court of the Additional District and Sessions Judge, FTSC-I at Hassan arising out of Crime No.45/2026 registered by Shravanabelagola Police Station, Hassan for the offences punishable under Sections 21 and 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 318(2) and 319(1) of BNS, 2023 and Section 9 of the Child Marriage Restraint Act, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR CNR: KAHC010565982026 NC: 2026:KHC:48247 CRL.P No. 12456 of 2026 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE PA List No.: 1 Sl No.: 52